Judge declines to reverse Cliffside Park police officer's conviction

A judge on Thursday declined to reverse the conviction of a former Cliffside Park police officer who was found guilty last month of unlawfully altering his license plate.

Judge Roy F. McGeady, the presiding municipal judge for Bergen County, also upheld an earlier ruling that Jonathan Lemkin, 35, should forfeit his job and be barred from public employment for life.

McGeady’s ruling was in response to a motion by Lemkin’s attorney, Eric Kleiner, who asked the judge to reconsider his own decision that found Lemkin guilty after a four-day trial last month.

Kleiner said Thursday that he now intends to appeal the ruling in Superior Court in Hackensack.

Lemkin did not attend the hearing Thursday and said he was in Florida because his mother was ill. He said he will continue to challenge McGeady’s ruling.

“I look forward to going to another court,” he said via telephone. “I am moving forward with my appeal.”

Lemkin was suspended in 2011 and accused of altering two characters on his license plate. The alteration meant that if police ran a check on the plate, it would return as “not on file” – which is the standard result police get if the car is an undercover police vehicle.

Prosecutors allege that the plate alteration was one of several things Lemkin did to make his car look like an undercover police car. They said – and Lemkin admitted – that he bought a black Ford Crown Victoria, tinted its windows and installed lights on the windows to make it look like an undercover police car. He said he did so to deter criminal activity in his neighborhood.

He denied, however, that he tampered with the plates and alleged that he was framed by Cliffside Park Police Capt. Michael Russo, with whom he had a long-running personal dispute.

Russo has denied having anything to do with altering Lemkin’s license plate, and McGeady ruled at the end of the trial last month that Russo was more credible than Lemkin.

In court papers and at a hearing Thursday in Hackensack, Kleiner argued that Lemkin was convicted because he was unable to prove that Russo altered the plates.

Kleiner said he did not have to prove Russo’s guilt, but only show that there was reasonable doubt that Lemkin did the plate altering.

McGeady, however, said at the hearing that the case comes down to credibility, and again asserted his findings from the trial.

“The court felt that Russo was credible when he denied [altering the plates],” McGeady said.

The judge also said Lemkin, who admitted to taking other steps to make his car look like an undercover car, had a motive not to be truthful about altering the plates because such an admission would have cost him his job.

Kleiner also argued at the hearing that Lemkin should not be barred from public employment in the future. Lemkin never flashed his badge inappropriately or used the car for any illegal purposes, he said. He was also off duty at the time and was not wearing his uniform, he said.

“There was no attempt to use his office for his benefit,” Kleiner said.

McGeady insisted that the law requires him to impose the job-forfeiture sanction if Lemkin is found to have committed an offense. Under state law, the offense need not take place at work or while the defendant was on duty, the judge said.

Lemkin worked as a part-time officer in Cliffside Park for five years before he graduated from the Police Academy in June 2010. His salary was $57,458 a year when he was suspended without pay in September 2011.

Judge declines to reverse Cliffside Park police officer's conviction

A judge on Thursday declined to reverse the conviction of a former Cliffside Park police officer who was found guilty last month of unlawfully altering his license plate.

Judge Roy F. McGeady, the presiding municipal judge for Bergen County, also upheld an earlier ruling that Jonathan Lemkin, 35, should forfeit his job and be barred from public employment for life.

McGeady’s ruling was in response to a motion by Lemkin’s attorney, Eric Kleiner, who asked the judge to reconsider his own decision that found Lemkin guilty after a four-day trial last month.

Kleiner said Thursday that he now intends to appeal the ruling in Superior Court in Hackensack.

Lemkin did not attend the hearing Thursday and said he was in Florida because his mother was ill. He said he will continue to challenge McGeady’s ruling.

“I look forward to going to another court,” he said via telephone. “I am moving forward with my appeal.”

Lemkin was suspended in 2011 and accused of altering two characters on his license plate. The alteration meant that if police ran a check on the plate, it would return as “not on file” – which is the standard result police get if the car is an undercover police vehicle.

Prosecutors allege that the plate alteration was one of several things Lemkin did to make his car look like an undercover police car. They said – and Lemkin admitted – that he bought a black Ford Crown Victoria, tinted its windows and installed lights on the windows to make it look like an undercover police car. He said he did so to deter criminal activity in his neighborhood.

He denied, however, that he tampered with the plates and alleged that he was framed by Cliffside Park Police Capt. Michael Russo, with whom he had a long-running personal dispute.

Russo has denied having anything to do with altering Lemkin’s license plate, and McGeady ruled at the end of the trial last month that Russo was more credible than Lemkin.

In court papers and at a hearing Thursday in Hackensack, Kleiner argued that Lemkin was convicted because he was unable to prove that Russo altered the plates.

Kleiner said he did not have to prove Russo’s guilt, but only show that there was reasonable doubt that Lemkin did the plate altering.

McGeady, however, said at the hearing that the case comes down to credibility, and again asserted his findings from the trial.

“The court felt that Russo was credible when he denied [altering the plates],” McGeady said.

The judge also said Lemkin, who admitted to taking other steps to make his car look like an undercover car, had a motive not to be truthful about altering the plates because such an admission would have cost him his job.

Kleiner also argued at the hearing that Lemkin should not be barred from public employment in the future. Lemkin never flashed his badge inappropriately or used the car for any illegal purposes, he said. He was also off duty at the time and was not wearing his uniform, he said.

“There was no attempt to use his office for his benefit,” Kleiner said.

McGeady insisted that the law requires him to impose the job-forfeiture sanction if Lemkin is found to have committed an offense. Under state law, the offense need not take place at work or while the defendant was on duty, the judge said.

Lemkin worked as a part-time officer in Cliffside Park for five years before he graduated from the Police Academy in June 2010. His salary was $57,458 a year when he was suspended without pay in September 2011.